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AF | BCMR | CY2006 | BC-2005-03152
Original file (BC-2005-03152.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03152
            INDEX CODE:  107.00
      COUNSEL:  Clackmas County
                       Veterans Service Ofc

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  18 FEBRUARY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Purple Heart  (PH),  the
Korean Defense Service Medal (KDSM),  the  Small  Arms  Expert  Marksmanship
Ribbon (SAEMR), and the Missile Pin.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have the KDSM, SAEMR, and Missile Pin.  He is not sure if  he  was
awarded the PH for injuries he received from an explosion.  The  applicant's
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On  22  December  1960,  the  applicant  was  discharged  (under   honorable
conditions) in the  grade  of  airman  basic  (E-1)  and  issued  a  General
Discharge Certificate.  He was credited with 9 years, 2 months and  22  days
of active duty service.

He received the following awards:   Korean  Service  Medal,  United  Nations
Service  Medal,  National  Defense  Service   Medal,   Republic   of   Korea
Presidential Unit Citation, Air Force Longevity  Service  Award  Ribbon  w/1
OLC, and Good Conduct Medal w/2 Bronze Loops.

On 15 February 2006, the applicant was notified of his entitlement  to  wear
the Missile Badge.  His record will be updated and a DD 215 will  be  issued
to reflect the update.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial of  the  applicant’s  request  for  the  PH,
KDSM, and SAEMR.

DPPPR states the PH is awarded for wounds received as  a  direct  result  of
enemy actions (i.e. gunshot or shrapnel wounds, hand-to-hand  combat  wounds
forced aircraft bail out injuries, etc.).   In  addition,  it  is  necessary
that the  wound  would  have  required  or  received  treatment  by  medical
personnel.  Indirect injuries do not meet the criteria for award of the  PH.
 These include, but are not limited  to,  injuries  received  while  seeking
shelter from mortar or rocket  attacks,  aircraft  bombings,  grenades,  and
injuries incurred while serving as an  aircrew  member  or  in  a  passenger
status as a result of the aircraft’s evasive measures against hostile fire.

DPPPR notes the applicant was awarded  the  Korean  Service  Medal  for  his
service in Korea.  DPPPR affirms the applicant  qualified  for  Sharpshooter
on 12 October 1951; however, during this time the SAMER was not  authorized.


DPPPR’s evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and comment on 3 March 2006.   As  of  this  date,  this  office  has
received no response (Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error  or  injustice.   Other  than  his  own  assertions,  the
applicant has provided no documentary  evidence  that  would  establish  his
entitlement to the above-cited awards.  We  found  no  evidence  of  medical
treatment for the  injuries  he  alleges  he  received  from  an  explosion.
Additionally, section 29  of  his  separation  document  states  “None”  for
wounds received as a result of action with enemy forces; therefore, he  does
not meet the criteria for the PH medal.  Available  evidence  indicates  the
applicant did not serve a tour  in  Korea  during  the  time  the  KDSM  was
sanctioned, and the SMAER was not authorized during the  time  he  qualified
for sharpshooter.  Therefore, we agree with the opinion  and  recommendation
of the Air Force office of primary responsibility and  adopt  its  rationale
as the basis for our conclusion that the applicant has not been  the  victim
of an error or injustice.  Although we are not unmindful  or  unappreciative
of his service to his Nation, in the absence of documentary  evidence  that,
in our view, successfully refutes the Air Force assessment of his  case,  we
have no basis on which to favorably consider this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of material error  or  injustice;  that  the  application  was
denied without a personal appearance; and that the application will only  be
reconsidered upon the submission of newly discovered relevant  evidence  not
considered with this application.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 2 May 2006, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Dorothy P. Loeb, Member
                 Mr. John E. B. Smith, Member

The following documentary evidence was considered in AFBCMR BC-2005-03152:

      Exhibit A.  DD Form 149, dated 10 Oct 05 w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPR, dated 22 Feb 06.
      Exhibit D.  Letter, SAF/MRBR, dated 3 Mar 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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